Roundup: Social distance or else

Justin Trudeau’s Saturday presser had a couple of items of news – the first was that the Northwest Territories was shutting its borders to non-essential travel, which was a move Trudeau supported. That was announced just hours before it was announced that the Territory had its first confirmed COVID-19 case. While other provinces may want to contemplate shutting their own provincial borders (which would be incredibly difficult, particularly given Charter rights around freedom of mobility), the Territories are isolated enough and mostly fly-in, so that makes it easier – something you can’t say about the other provinces except maybe for Newfoundland and Labrador (and to an extent PEI, if they closed the Confederation Bridge and halted all ferries). Trudeau also noted that the government was working with airlines to get flights into countries that have closed their airspace in order to get Canadians out, naming Peru and Spain as their first priorities.

The more salient – and perhaps poignant – point was made by Patty Hajdu at the ministerial presser that followed, where she stated bluntly that if Canadians don’t voluntarily do more social distancing, the government may have to implement measures that will start to encroach on their civil liberties – in other words, harsher police enforcement of quarantine orders and orders to shut down the country like we saw in places like Italy. Where a really big concern is where all of these Canadians – snowbirds especially – are returning to the country and we’ll see how many of them properly self-isolate upon their return. There are warnings to the effect of “Go right home, don’t stop for supplies first,” which will be hard for a lot of people, but that message will need to be drilled home effectively.

We also have some news on the return of Parliament on Tuesday, where 30 MPs will come back to pass the extraordinary spending measures and question Bill Morneau about them, followed by the Senate on Wednesday to pass the bill in their chamber. (My look at what this Skeleton Parliament may look like is here).

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Roundup: Closing the border (mostly)

Another day, more social distancing restrictions put into place, with Ontario recommending that all restaurants (with the exception of take-out and delivery) and bars be shut, Calgary declaring a local state of emergency, and more cases mounting including three more deaths at a care facility in British Columbia. Justin Trudeau held a press conference early in the afternoon, where he declared that the border would be closed to non-citizen/permanent resident travellers – erm, except for Americans (and a few other exceptions) – which seems to be an action mostly to placate the those braying for more “decisive action” at this point given that it’s already in the country, and with all arrivals being told to self-isolate, I’m not sure the point. And the American exception may only be for a couple of more days, in large part because of the complex interconnections between the two countries that this can’t be done unilaterally. It also looks like CBSA has gotten their acts together with better screening questions at airports and airport authorities doing more to ensure proper social distancing than the chaos we saw over the weekend, so better late than never, I suppose.

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As for the government’s pledge to help people pay their bills and rent, we are expecting more measures to be announced today, and we’ll see what kinds of policy levers they expect to use. On a broader scope, economists are saying that the measures to stabilize the market right now shouldn’t really be described as stimulus because of the nature of the shock, but that the stimulus will come later. Meanwhile, there is talk about the potential for a sharp rebound later in the year, once the temporary shock of the pandemic wears off.

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Meanwhile, here’s an exploration of the uncharted territory that surrounds the invocation of the Quarantine Actand the Emergencies Act (which replaced the War Measures Act), as some have been suggestion, and how those may be a major test around Canadians’ Charter rights.

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Roundup: Caution – plummeting oil prices

Oil prices started plummeting Sunday night as a price war opened up in the midst of declining demand due to the COVID-19 outbreak, and this is going to have a huge impact in Canada, not only with Alberta and Saskatchewan, but most especially with Newfoundland and Labrador, whose government relies very heavily on resource revenues. Add to that, this is going to put even more pressure on Bill Morneau and the federal government when it comes to how to deal with reforming fiscal stabilization in the upcoming budget, particularly if it’s also going to mean any kind of rebate for previous years’ stabilization (as Jason Kenney in particular has been demanding, under the misleading term of “equalization rebate,” even though it’s no such thing).

This may also touch off a new round of blaming Justin Trudeau for Alberta’s woes, when the oil prices are going to make things so, so much more painful for the province as they budgeted a ludicrously high amount for oil revenues. One might suggest that it would be a good impetus for the province (and the federal government) to redouble efforts toward diversification and a “just transition” away from the oil economy in that province, because the hopes for “just one more boom” get even further away, or even for the province to finally reform the revenue side of its equation and finally implement a modest sales tax that would stabilize its finances – but I have a feeling that Kenney won’t even contemplate those things. Blaming Trudeau is too easy, and lying to the public is so much easier.

Speaking of lying to the public, as certain other political figures fill the op-ed pages with a bunch of bullshit about how Alberta is “treated like a colony” as the Buffalo Declaration did (and no, I won’t link to the egregious op-ed in question), here is a great thread from professor Melanee Thomas as to why that kind of comparison is not only wrong, but wrong to the point of being actively racist.

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Roundup: Pallister makes a gamble

Manitoba premier Brian Pallister announced yesterday that he was going to implement a carbon price after all – sort of. In a dare to the federal government, Pallister says he’ll stick with his originally planned $25/tonne price, and not raise it like he’s supposed with the rest of the country, but he would also reduce the province’s PST to compensate. Revenue neutrality can be a very good thing, but the point of having a common carbon price across the country is to have a level playing field so that provinces don’t undercut one another – which Pallister frequently ignores as he instead battles straw men about the efficacy of the province’s environmental plans (many of those mentioned having nothing to do with reducing GHGs).

While Pallister is confident that the Supreme Court of Canada will rule against the federal government on the upcoming carbon price challenges – which is a pretty risky gable to take – he’s daring the federal government to do what they said they would, which is to continue making up the federal carbon price with a separate carbon levy on top of the provincial one, which would continue to be rebated to taxpayers by the CRA. None of this makes much sense as a strategy other than the fact that it lets him proclaim that he’s lowered the PST in order to get the plaudits for that.

Meanwhile, here’s Dylan Robertson with some additional context:

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Roundup: Putting Freeland on the case (again)

With more attention turning to what’s happening around COVID-19, prime minister Justin Trudeau has created a new Cabinet committee to handle the situation, and he’s put Chrystia Freeland in charge of it. An important addition to the committee is Kirsty Duncan, who may no longer be in Cabinet but is nevertheless sworn in as a privy councillor, and the fact that she has expertise in pandemics and once studied the Spanish Flu epidemic, so chalk one up for bench strength there. Freeland says the response has to be both “whole of government” and “whole of country,” and her role as intergovernmental affairs minister is certainly part of that – given that provinces deliver healthcare for the bulk of the country – but one suspects this is also about having a reassuring communicator on the issue (because as we all know, this government can’t communicate its way out of a wet paper bag).

To that end, while certain opposition voices are demanding travel restrictions (which are proven not to work) or enhanced screening measures at airports, what we’re hearing from the health minister and the Chief Public Health Officer is largely that containment can only delay an outbreak – which is not a bad thing, because if it can be delayed by six weeks or so, that would get our healthcare system past peak flu season, which frees up beds and resources. And thus far, we have been lucky that all of the cases in this country can be traced to travel-related causes and not community transmission, which means that the measures taken to date have been working, but again, delay is the watchword. It should also be noted that we have largely avoided panic, which is pretty good (torqued headlines about demanding people start stockpiling notwithstanding).

With that in mind, the military has been ordered to being pre-pandemic planning out of an abundance of caution, given that they need to be able to continue to operate in the case of a crisis.

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Roundup: Party positions and individual agency

The weaponization of private members’ business continues unabated in Parliament, as the Conservatives put out an attack yesterday that claims that the Liberals want to “legalize” hard drugs because maverick backbencher Nathaniel Erskine-Smith tabled a private members’ bill that calls on the decriminalization of small personal amounts in order to better treat addiction as a public health issue and to not criminalize people with addictions – something that has worked in some countries. The lie, of course, is both in claiming that this was official government policy, and that it was calling for legalization – because who cares about truth or facts when there is fear to be mongered?

The bigger problem here? What it does to how private members’ business is treated in the House of Commons, and more to the point, there is a very big potential for this to blow up in Scheer’s face because of Cathay Wagantall’s sex-selective abortion bill currently on the Order Paper. And yes, let’s not be obtuse about this – the media feeds this particular weaponization, both in how they made this kind of abortion bill an Issue during the election, and how we both demand that MPs be both independent and yet castigate the leader for “losing control” when any MP shows any glimmer of independence. (And for the record, Scheer has not said anything about Wagantall’s bill, other than to have his spokesperson say that he “discouraged” such bills).

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I know that everyone is going to be cute about these bills, and how if they get tabled the party “must” support the position because everything is so centrally controlled, and so on, but this is part of what poisons the system. Insisting that everyone be marching in lockstep from other parties ensures that the same insistence is made about your own party, and it removes any agency from MPs. They’re MPs, not gods damned battle droids. If we want drones to simply read speeches into the record and vote according the leader’s office, then why do we even bother with MPs? Why bother with parliament at all? The Conservatives’ release is embarrassing, and they should be ashamed of themselves for it (which of course would imply that they’re capable of shame, but I have my doubts about that one too).

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Roundup: Rights, title, and ratification

We got a few more details yesterday about the agreement reached with the Wet’sutwet’en hereditary chiefs on Sunday, despite a few TV hosts somewhat obtusely demanding to know what it meant for the Coastal GasLink pipeline – despite the fact that it was stated over and over again that this agreement did not have anything to do with that, and that the matter was unresolved. The crux of the agreement was an agreement on how rights and title would be extended for the Wet’suwet’en going forward, meaning that with any future projects, there would be clarity as to who would need to be consulted – which means the hereditary chiefs – and given the new impact assessment process that the Liberals instituted (under the infamous Bill C-69), those consultations begin at the earliest possible moment for these project proposals so that affected First Nations can be brought in from the get-go. What I found especially interesting was that Carolyn Bennett said that this was in accordance with UNDRIP principles, as free, prior and informed consent (which again she stressed was not a veto). And one imagines that this kind of agreement would be a template for others when it comes to unceded territory across the country.

As for Coastal GasLink, work apparently resumed on aspects of the project, but given that some of their permits were pulled by the province’s environmental assessment agency with a demand for more consultations, one supposes that the work is on areas that are outside of Wet’suwet’en territory. Meanwhile, one of the elected chiefs who is in favour of the project was doing the media rounds in Ottawa yesterday, and he said that while his people were discussing the ratification of the new agreement, he said that he was also willing to give up the economic benefits of the pipeline is that was what his people decided that they wanted as part of those discussions. We do know that matriarchs who were in support of the project were also in the meeting between Bennett, her BC counterpart and those hereditary chiefs, so the discussion within the community is very much alive, and we’ll see in a couple of weeks when the ratification process is supposed to be concluded, what the future holds for the pipeline.

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Roundup: Urging calm, patience, and police action

Yesterday was a long and very busy day, as everyone scrambled to get their say on the ongoing protest and blockade situation across the country, with a mounting economic cost to them. First thing in the morning, the AFN National Chief, Perry Bellegarde, and several First Nations leaders held a press conference to ask the Mohawk protesters to dismantle the barricades – not as surrender, but as compassion for those who would soon be affected by shortages – but one of those Mohawk leaders also noted that his band office has been locked out and protesters among his own people say they want him out. A short while later, Justin Trudeau gave a speech in the House of Commons to counsel patience and to reiterate that dialogue remained the best way to resolve the situation – something Andrew Scheer denounced as weak, and he continued to insist that the police end the protests, insisting that this was but a group of “professional protesters” and “radicals” and that the “real” position of the Wet’suwet’en people was for jobs and resource development (even though he later said he hadn’t actually spoken to any of them) – something that both Peter MacKay and Erin O’Toole also echoed, because police action has never gone badly before. Oh, wait. (Marilyn Gladu, for the record, wants the military to step in). Shortly after Trudeau’s speech, he had a meeting with Yves-François Blanchet, Jagmeet Singh, and Elizabeth May, and made a pointed remark that Scheer had not been invited because his remarks were “disqualifying” – which led to Scheer’s agitated breathy and high-pitched performance during QP. Oh, and while all of this was going on, some activists in Victoria tried to perform a “citizen’s arrest” on BC premier John Horgan (and they got arrested instead).

By the time the five o’clock politics shows rolled around, Carolyn Bennett had concluded a meeting with some of the hereditary chiefs – who stated on one of the shows that they wouldn’t actually negotiate until the RCMP were off of their territory – and Marc Miller refused to discuss whether that was on or off the table when asked, leading the pundits to make hay of that. (“He didn’t say no!” is the worst impulse in journalism, guys). Oh, and hilariously, Jody Wilson-Raybould offered her services as a mediator, as though anyone in the government would be willing to trust her. As the day wound down, Saskatchewan premier Scott Moe said he was holding a meeting of premiers today because Trudeau “refused to act” – though I’m not sure what exactly he proposes, unless it’s to try to direct provincial police forces to start cracking skulls, both violating the rule of law and making the situation worse. And that’s where we are.

Meanwhile, here is a good primer written by a lawyer and a law professor about what “rule of law” means and why it’s important – as Scheer and company keep misusing the term. Heather Scoffield sees the business impacts of the blockades and deduces that it will be impossible to resolve them both quickly and peacefully – it would have to be one or the other. Andrew Coyne counsels patience in threating the needle that the protests can both be illegal while still noting that using force will only create martyrs. Matt Gurney worries that if the blockades go on much longer, they could fuel populist anger and damage the cause of reconciliation. Paul Wells attempts to make sense of the day that was, and the Liberals’ high-wire act in the middle of it all.

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Roundup: A sledgehammer solution

Talk about the sexual assault training for judges bill has continued, and the Conservatives have continued to float the idea that it should be expanded to include Parole Board officers. The problem there, of course, is that the bill deals with amendments to the Judges Act, which has bugger all to do with the Parole Board, and this too-cute-by-half tactic of the Conservatives betrays how boneheaded their tactics are.

Meanwhile, Gib van Ert, former Executive Legal Officer to the Chief Justice of the Supreme Court of Canada (who heads the Canadian Judicial Council), has some thoughts on the bill and why it’s very problematic.

Some scholars have shrugged and say “Big deal if it means they get more training,” but the original legislation was far more insidious in that the reporting requirements were a threat do the administrative independence of the court as well. But I’ve spoken to former judges who say this is unnecessary. Another one responded to van Ert. Part of the problem is that there have been high profile cases where the judge has been very wrong on sexual assault law, and that tends to be overturned at the appellate level – but much of the time, the most infamous cases have been provincial court judges, which this doesn’t deal with.

So why are they doing this? Optics. MPs want to look like they’re doing something about the problems or perceived problems, and they’re taking the sledgehammer approach because it looks effective, even when it may not actually be. But that is so much of politics these days, which we need to start breaking out of.

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Roundup: The glitter of Gold in the Senate

At long last – and indeed, at virtually the last possible minute – prime minister Justin Trudeau finally – finally! – named a new Leader of the Government in the Senate yesterday, independent Quebec senator Marc Gold. This wasn’t actually a surprise to those of us who’ve had our ears to the ground, but amidst the speculation of who Trudeau would name, many of them allegedly said no when they were asked (or at least said they did). The next question is who Gold can convince to come aboard as his deputy and whip (or “liaison” as they like to call themselves), because he won’t be able to replicate Senator Peter Harder’s too-clever-by-half trick of getting a former Conservative as his deputy and a former Liberal as his whip, so that he could insist that look, he was so non-partisan and independent in the middle of the two. Gold does sound like he plans to continue Harder’s half-pregnant fiction that he can be both independent and government “representative,” and has repeated the eye-rolling line that he “represents the government in the Senate and the Senate to the government.” Because no, that’s not actually how this works.

In an interview with CTV’s Power Play, Gold largely stuck to platitudes when asked how he will get big pieces of legislation through the Senate, insisting that the Senate will “rise to the occasion” and have “lively debate,” but would not say anything about things like, oh, negotiation. I will note that it was heartening to see that he did understand that the role of the Senate was to have a longer-range view and the less-partisan perspective, and kept insisting that it was a complementary body to the House of Commons, but his talk about the danger of it being an “echo chamber” of the Commons was a bit more off the mark. But countering this was the fact that he also seems to accept the false notion that these so-called reforms that Trudeau has been pushing somehow “returns” it to its raison d’être, which is not true in the slightest. It was never supposed to be non-partisan, and the more that people keep saying it is, misreading both the original debates on Confederation and the Supreme Court of Canada reference decision, the more it shows that we have an uphill struggle to keep these would-be reformers from doing lasting damage to the institution out of their well-meaning ignorance.

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